Research On The Legal Regulation Of Monopolistic Behavior Of Real Estate Enterprises In My Country

The establishment of China's Market Economic Order brings vitality to the related industries of the real estate market.With the scale of real estate industry is expanding,it makes the industrial problems increasingly prominent.Real estate enterprises are one of the main bodies of the real estate market,connecting the three-division market system of real estate.Historical experience has repeatedly shown that the monopoly or speculation of real estate will eventually become a bubble,which results in serious consequences.At present,China's real estate industry is facing an important problem:the monopolies of the real estate market.The monopolization of the real estate market is caused by many factors,such as the natural monopoly of the real estate products,the monopoly of the housing enterprises and so on.It leads to rising housing prices and seriously damaging consumers' rights.Therefore,we need to use legal means to regulate the problems and promote the healthy and steady development of the real estate industry.This paper is started with the Introduction of the real estate market's kinds and market structure,then sorts out and analyzes the typical types and hazards of monopoly behavior of Chinese real estate enterprises.At the same time,by using empirical analysis and overseas experiences,puts forward some constructive ideas on how to improve the legal regulation of the monopoly behavior of real estate enterprises in China.Besides of the introduction and the conclusion part,this paper is mainly divided into the following four parts:First part,an overview of real estate market and real estate enterprises in China.Begins with the concept of real estate,this chapter introduces the types,elements and five characteristics of the real estate market.Then according to the market structure theory,focuses on the analysis of China's real estate market showing the status of regional oligarchs.At length introduces the types and development process of real estate enterprises in China.Second part,typical patterns of monopoly behavior of real estate enterprises.This chapter analyzes the typical monopolistic behavior of real estate enterprises,including concentration of operators,monopoly agreements,abusing the preponderant status.First,summarizing the concept of three kinds of monopolistic behavior and overseas judicial experience,and further analyze the specific monopoly patterns of Chinese real estate enterprises by empirical works.In particular,there are three forms of operator concentration:horizontal operator concentration,vertical operator concentration and mixed operator concentration.Monopolistic agreements include price cartel,quantity cartel and bid-rigging cartel.Abuse of preponderant status behavior mainly introduces three kinds:full-line forcing,price discrimination and exclusive transaction.Third part,the harms and legal regulations of monopoly behavior of real estate enterprises in China.This chapter is divided into three parts.Firstly,list the harm of monopoly behavior in China's real estate enterprises.Secondly,introduce the existing legal basis of our country.Finally,analyze the existing problems.Fourth part,the strategy of perfecting the regulation.This chapter puts forward some suggestions for improvement according with market regulation and macro-economic regulation.For instance,the applicable possibility of the leniency program,the introduction of the concept of common domination,the improve of undertaking concentration,the regulation of corporate information exchange agreement and so on.After that,give suggestions about how to use macro-economic regulation,such as the construction of indemnificatory housing and real estate information freeing.